Seanad debates

Thursday, 19 February 2015

Workplace Relations Bill 2014: Committee Stage

 

10:30 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

The Minister has said quite clearly and categorically that two of these amendments are already provided for. We will have to mull that over, take advice and see the extent to which this is a complete reflection. I am sure the Minister has put this statement on the record of the House in good faith, and it may very well be true. However, there are certain circumstances that cannot be avoided. The fact that P60 and P45 documentation is not required to carry the legal name of the employer causes confusion in the real world, and cases are dismissed or held up because the wrong entity is sued. That is an objective fact. These amendments, particularly the middle one, are trying to resolve a situation regarding an un-incorporated entity. It is not directly affected by law and cannot be, because we have these situations arising all the time in the courts, so it seems quite reasonable to say that an un-incorporated entity which does not use a name under the Registration of Business Acts should be deemed to have committed an offence. That means that there is an obligation on it. Why do P45s and P60s not require the legal name of the employer? It seems absurd that an employer is not required to put its legal name on these legal documents, because these documents relate directly to employment. Surely something should be done about that.

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